Is there any case law in which a plaintiff was ordered to call his business partner to provide evidence in support of his pain and suffering claim?
British Columbia, Canada
The following excerpt is from Houston v. Kine, 2010 BCSC 1289 (CanLII):
The defendants also refer to Moini v. Jude, [1996] B.C.J. No. 1296, where the court, at para. 17, drew an adverse inference against the plaintiff for failing to call his business partner who would be in a position to provide evidence concerning the plaintiff’s claim for pain and suffering and concerning the income loss which the plaintiff asserted that he indirectly suffered as a result of his incapacity.
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